Kabuu & another v Kibocha (Suing as the legal representative of the Estate of Burton Wandiga Kibocha)
Kabuu & another v Kibocha (Suing as the legal representative of the Estate of Burton Wandiga Kibocha) (Civil Appeal 59 of 2019) [2026] KEHC 12798 (KLR) (11 August 2026) (Judgment)
The appeal failed because the Respondent had locus standi through a grant ad litem, liability was proved by credible eye-witness evidence showing the Appellant’s vehicle overtaking dangerously and entering the wrong lane, and the trial court’s awards were not so erroneous as to justify interference; although the multiplier approach used for loss of dependency was methodologically unsound due to lack of proof of income, the final figure awarded was not disturbed because it was broadly consistent with comparable global awards and not inordinately high.
Source excerpt
- Liability in negligence
- Locus standi and grant ad litem
- Proof of accident and evidentiary value of police abstract
- Assessment of loss of dependency
- Pain and suffering
- Loss of expectation of life